BNSS Section 52 — Examination of person accused of rape by medical practitioner

Summary

If a person is arrested for rape or attempted rape, and there is reason to believe that examining their body could provide evidence of the crime, a government or local authority doctor—or, if none is available within 16 kilometres, any other registered doctor—can examine the arrested person at a police officer’s request. The doctor may use reasonable force for the examination. The doctor must examine the person without delay and prepare a report that includes the accused’s name, address, age, any injuries, a description of any material taken for DNA profiling, and other relevant details. The report must state the reasons for each conclusion, note the exact start and end time of the examination, and be sent immediately to the investigating officer, who then forwards it to the Magistrate as part of the case documents.

Official Text

(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.

(2) The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:—

(i) the name and address of the accused and of the person by whom he was brought;

(ii) the age of the accused;

(iii) marks of injury, if any, on the person of the accused;

(iv) the description of material taken from the person of the accused for DNA profiling; and

(v) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The exact time of commencement and completion of the examination shall also be noted in the report.

(5) The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §53A — Examination of person accused of rape by medical practitioner